The default retirement age: legitimate aims and disproportionate means.

Sargeant, Malcolm ORCID: https://orcid.org/0000-0002-6366-853X (2010) The default retirement age: legitimate aims and disproportionate means. Industrial Law Journal, 39 (3) . pp. 244-263. ISSN 0305-9332 [Article] (doi:10.1093/indlaw/dwq010)

Abstract

This article considers the default retirement age adopted in the UK in 2006. It is an exception to the principle of equal treatment and requires an objective justification as a legitimate aim with appropriate and necessary means to achieving that aim. Reasons why a traditional retirement age existed are considered together with a consideration of the development of government policy in this regard. Government policy has largely followed that of employers’ wishes. Judgments of the European Court of Justice in relation to proportionality and age discrimination are examined and the case brought by Age UK against the government is looked at in more detail.

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